Confessions and Police Detention: Hearings Before the Subcommittee on Constitutional Rights of the Committee on the Judiciary, United States Senate, Eighty-fifth Congress, Second Session, Pursuant to S. Res. 234, a Study of the Constitutional Aspects of Police Detention Prior to Arraignment and of Confessions Obtained from Suspects During Such Detention. March 7 and 11, 1958
U.S. Government Printing Office, 1958 - 770 sider
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accused admissible admitted amendment appears appellant apply arraignment arrest arrested person Attorney authority believe bill brought Chairman charge circuit circumstances commissioner Committee committing committing magistrate confession Congress considered constitutional conviction counsel course crime criminal Criminal Procedure custody decision defendant delay denied detention determine District of Columbia effect evidence examination excluded fact Federal give given Government guilty hearing held hold illegal inadmissible individual innocent interrogation involved issue Judge judicial jury Justice law enforcement liberty Mallory matter McNabb rule means ment morning murder necessary obtained offense officers opinion period person police police officers practice present prisoner probable cause problem protection question reasonable record result reversed Rules of Criminal Senator statement statute Supreme Court suspect taken testimony tion trial United unnecessary delay violation voluntary warrant witness
Side 550 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive...
Side 602 - An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States. When a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith.
Side 744 - ... 1. For a public offense committed or attempted in his presence. "2. When a person arrested has committed a felony, although not in his presence. "3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Side 254 - ... cause for detaining arrested persons, constitutes an important safeguard— not only in assuring protection for the innocent but also in securing conviction of the guilty by methods that commend themselves to a progressive and self-confident society. For this procedural requirement checks resort to those reprehensible practices known as the "third degree" which, though universally rejected as indefensible, still find their way into use.
Side 283 - If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the fourth amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are .concerned, might as well be stricken from the Constitution.
Side 12 - It was done so that an objective mind might weigh the need to invade that privacy in order to enforce the law. The right of privacy was deemed too precious to entrust to the discretion of those whose job is the detection of crime and the arrest of criminals.
Side 709 - When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.
Side 365 - He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him.
Side 735 - The defendant must in all cases be taken before the magistrate without unnecessary delay, and, in any event, within two days after his arrest, excluding Sundays and holidays...